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DUI Breath Tests Under Fire in New Jersey
March 15, 2006
The New Jersey police often use breath tests as part of making their case against suspected drunk drivers. Statistics, tests, and challenges to the accuracies of many types of breath testing machines are calling many of the results into question however. Scores of New Jersey drunk driving cases are still undetermined because of reliability problems with a breath test machine known as the Alcotest 7110 MKIII-C. Other breath test computer problems are being challenged throughout the country.
Many of the problems with all of the machines suspected of giving false or inaccurate readings lie with the refusal of their manufacturers to divulge any software information about the machine. Citing proprietary concerns, Draeger Safety Diagnostics Inc., maker of the Alcotest, and CMI Inc., maker of The Intoxilyzer have refused to disclose how certain parts of their machines work. Because each person in New Jersey who is accused of a DWI has the right to question every element of their case it is becoming common for defendants to question the reliability of breath test machines.
Many DUI cases are still on hold throughout the state pending decisions by Judges in various counties throughout New Jersey. Most of these cases involve the defendant pressing the issue of how exactly the breath tests work in order to discern whether or not their results are legally admissible. Because the manufacturers are refusing to give up their trade secrets the results of many breath tests are therefore not admissible.
The legal challenges rely on the simple concept that each person has the right to determine how they were found to be guilty of driving while intoxicated. These challenges are frequently made toward the police officers who stop drivers, give field sobriety tests, and arrest or detain suspects.
Obviously, breath test machines cannot answer questions outright but the way in which they measure a suspect's level of intoxication can come into question. If the machine and their manufacturer cannot clearly outline the way in which these determinations are made then in many cases the blood alcohol content (BAC) reading is inadmissible.
Because New Jersey requires any driver suspected of drinking and driving to submit to a breath test these new findings are troublesome. The statistics and the refusals of the breath test manufacturers to reveal how the machines work can all be thrown out of court in many cases. The findings are particularly worrisome to many because the machines have already been used in thousands of convictions throughout the state of New Jersey.
If you or someone you love has been convicted of or suspected of drinking and driving and face charges from the results of a breath test you should ask a New Jersey DUI lawyer at our firm for advice. The offices of Lependorf & Silverstein, located in Princeton, are one of the few DWI offices who give free consultations on any first time caller. We have years of experience dealing with New Jersey breath test related issues and are able to answer any questions you may have.